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Supreme Court of the United States › Government Agencies › Administrative Procedure Act

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Best Best & Krieger LLP

Supreme Court Issues First Major NEPA Ruling in Two Decades

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On May 29, 2025, the U.S. Supreme Court issued an 8-0 opinion that clarifies the scope of environmental effects analysis under the National Environmental Policy Act (NEPA) and requires substantial judicial deference to...more

Foley Hoag LLP - Environmental Law

Supreme Court Holds That Agencies Have “Substantial” Discretion to Omit Upstream and Downstream Projects from Environmental...

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On May 29, 2025, a unanimous Supreme Court (voting 8-0, with Justice Gorsuch recused) held that federal agencies need not consider the environmental effects of “upstream” and “downstream” projects that are separate in time or...more

Vinson & Elkins LLP

Supreme Court Curbs the Scope of NEPA Reviews in Landmark Decision: Seven County Infrastructure Coalition v. Eagle County,...

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In the first major National Environmental Policy Act (“NEPA”) case to reach the Supreme Court in almost two decades, the U.S. Supreme Court issued its decision on May 29, 2025, in Seven County Infrastructure Coalition v....more

Allen Matkins

“A Course Correction”: Supreme Court Reinforces Agency Deference and Narrows the Scope of Environmental Effects that Agencies Must...

Allen Matkins on

On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they carry out, fund, or approve — does not...more

Vorys, Sater, Seymour and Pease LLP

Supreme Court Sides with Trump Regarding Removal of NLRB and MSPB Members, and Suggests that the Federal Reserve is Different

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The United States Supreme Court has granted the Trump Administration’s request to stay United States District Court Judge Beryl Howell’s order reinstating Gwynne Wilcox to the National Labor Relations Board (NLRB) and Cathy...more

Vedder Price

President Trump Issues Executive Action Directing the Repeal of Unlawful Regulations

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On April 9, 2025, President Trump issued a presidential memorandum (the order) directing the heads of all Federal agencies to identify unlawful or potentially unlawful regulations that clearly exceed the agency’s statutory...more

K&L Gates LLP

Trump Administration Dials Up Deregulation

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President Donald Trump has made reducing the size and scope of the federal government a central part of his second-term agenda. Toward that end, in recent days the Trump administration has taken aggressive steps toward...more

Morrison & Foerster LLP - Government...

Deregulating Federal Procurement: Implications of Three Recent Executive Actions

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The Administration signed two Executive Orders (EOs or “Orders”) and one Presidential Memorandum (“Memo”) on April 9, 2025, that aim to make federal procurements faster and more efficient: 1.Modernizing Defense...more

Brownstein Hyatt Farber Schreck

White House Advances Deregulatory Agenda

Brownstein Hyatt Farber Schreck on

On April 9, 2025, President Trump issued a memorandum directing federal agencies to begin repealing regulations deemed “clearly unlawful,” particularly those invalidated or undermined by recent Supreme Court rulings such as...more

Blank Rome LLP

Rescission of Regulations Without Notice and Comment? What’s Next for Regulated Industries in the Deregulation Climate

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We previously wrote about President Trump’s February Executive Order identifying deregulation as a top administration priority (here and here). That Executive Order, 14219 (the “Deregulation EO”), directed all executive...more

Troutman Pepper Locke

White House Issues Memorandum Directing Federal Agencies to Repeal Regulations Deemed to be Unlawful Pursuant to Recent U.S....

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On April 9, the White House issued a memorandum directing federal executive departments and agencies to repeal regulations deemed unlawful pursuant to certain U.S. Supreme Court decisions. This directive aims to address...more

Hogan Lovells

Trump Administration Calls for Additional Deregulatory Action

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Last week, President Trump issued several actions, including executive orders and instructions to agencies, that direct agency heads to review and repeal regulations deemed unlawful or anti-competitive. The actions further...more

Stoel Rives - Environmental Law Blog

Fed up with Federal Rules?  OMB Implements a Federal Deregulation Idea Solicitation Process on White House Urging.

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On April 9, 2025, the White House published a new Memorandumentitled “Directing The Repeal of Unlawful Regulations,” aimed at identifying and reviewing unlawful or potentially unlawful regulations for potential repeal. The...more

Holland & Knight LLP

Supreme Court Blocks Use of Administrative Procedure Act to Halt Education Grant Terminations

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Federal grantees facing the termination of their grants by the new administration have challenged those terminations by filing suits under the Administrative Procedure Act (APA) in federal district courts. In about a half a...more

Epstein Becker & Green

Another Win for the Administration, at Least for Now - SCOTUS Today

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The motions docket of the U.S. Supreme Court remains busy. Following the April 4 decision in Department of Education v. California—in which the Court, treating a temporary restraining order (TRO) as if it were a preliminary...more

Epstein Becker & Green

When is a TRO Treatable as a Preliminary Injunction? - SCOTUS Today

Epstein Becker & Green on

While not a decision on the merits, the U.S. Supreme Court’s opinion on April 4, 2025, in Department of Education v. California is worth considering....more

Cozen O'Connor

Bipartisan AGs At Attention on Veterans’ Education Benefits

Cozen O'Connor on

A bipartisan coalition of 52 AGs filed an amicus brief in Yoon v. Collins, a case before the U.S. Court of Appeals for Veterans Claims, in support of two veterans and their families who challenged the denial of G.I. Bill...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Bondi, Attorney General, et al. v. Vanderstok, et al.

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On March 26, 2025, the Supreme Court decided Bondi, Attorney General, et al. v. Vanderstok, et al., No. 23-852, and held that the Bureau of Alcohol, Tobacco, Firearms, and Explosives’ (ATF) rule interpreting the Gun Control...more

Lathrop GPM

Executive Orders and Their Limits - What Businesses Need To Know

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An Executive Order is a signed, published directive issued by the President of the United States to manage operations within the federal government. These orders guide the actions of government officials and agencies, but do...more

Venable LLP

Trump Fires Democratic FTC Commissioners, Setting Up a Direct Challenge to Humphrey’s Executor

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On March 18, President Trump fired the two Democratic commissioners of the Federal Trade Commission (FTC). The removals of Alvaro Bedoya and Rebecca Kelly Slaughter are the latest in a series of executive actions that will...more

Holland & Knight LLP

Reading the Tea Leaves: Supreme Court Dips Its Toe into Brewing Federal Spending Fight

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The early days of the Trump Administration have featured a wide range of actions related to federal spending. This has included payment pauses, contract and grant terminations or reevaluations, lease terminations, changes in...more

Gerald Nowotny - Law Office of Gerald R....

Old Days – Memories of Equity Split Dollar in the Post-Loper Bright Era

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This article focuses on the impact of the U.S. Supreme Court in Loper Bright Enterprises v. Raimondo, 603 U.S. (2024) and how it might apply to Split Dollar life insurance and possibly resurrect one of my favorite life...more

Carlton Fields

Executive Order Making “So-Called Independent Agencies” Directly Responsive to the President Is Another Nail in the Coffin of the...

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On February 18, 2025, the Trump administration issued its most straightforward attack on the discretion of what it described as “so-called independent agencies.” Executive order 14215, titled “Ensuring Accountability for All...more

Jenner & Block

Client Alert: Independent Agencies Under a Microscope—What Are the Implications for FERC?

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In his second week in office, President Trump fired Gwynne Wilcox (a member of the NLRB). The firing was communicated by an email sent from the Deputy Director of the Office of Presidential Personnel with a statement from the...more

Holland & Knight LLP

The Potential Impact of the Loper Bright Decision on the NTSB

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The recent U.S. Supreme Court decision in the Loper Bright case stands to have significant ramifications for various federal agencies, including the National Transportation Safety Board (NTSB or Board). The ruling centered...more

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